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    CDS Service Level Agreement

    Last updated: 2024-10-16 16:47:31
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      To use the Tencent Cloud Data Security Audit Service (the “Service(s)”), you shall read and comply with this Tencent Cloud Data Security Audit Service Level Agreement (the “Agreement” or the “SLA”) and the Tencent Cloud Service Agreement. This Agreement contains the terms and definitions of the Services, service availability/service success rate grade indicator, compensation plans, disclaimers, competent court and other relevant contents. Please be sure to read and fully understand the terms and conditions of this Agreement. Limitations, disclaimers, and other terms involving your material rights and interests may prompt your attention in bold, underlined, etc.
      Please do not purchase or use the Services unless you have thoroughly read, fully understood, and accepted all the terms of this Agreement. By clicking “Agree” or “Next”, or purchasing or using the Services, or accepting this Agreement in any other explicit or implicit manner, you are deemed to have read and agreed to be bound by this Agreement. This Agreement shall have legal effect between you and Tencent Cloud and shall become a legally binding document for both parties.

      1. TERMS AND DEFINITIONS

      1.1 Tencent Cloud Data Security Audit Service

      “Tencent Cloud Data Security Audit Service” refers to the data security audit service assigned to you by Tencent Cloud, which audits all operations of all installed agent servers on the database, subject to the Services you purchase, and the service contents provided by Tencent Cloud.

      1.2 Service Unavailability Includes the Following Categories:

      (1)Management Function Unavailability: “Management Function Unavailability” means that the management account and other personnel accounts are unable to log in to the data security audit service management interface and related function configuration items in the operation interface through the steps described in the operation manual after entering the correct account password. The time of Management Function Unavailability shall be based on the background statistical operation data.
      (2)Audit Log Unavailability: “Audit Log Unavailability” means that when the user performs SQL operations, the audit policy of this service is correctly configured in accordance with the operation manual, and the user cannot query the SQL request data of the day on the management page. The Audit Log Unavailability time shall be based on the background statistical operation data.

      1.3 Service Term

      One “Service Term” means one natural month.

      1.4 Total Minutes within the Service Term

      “Total Minutes within the Service Term” is counted as the total number of days within the Service Term × 24 (hours) × 60 (minutes).

      1.5 Service Availability

      The data security audit product is composed of a series of components such as the cloud server purchased by the user. The Service Availability of the data security audit product is limited to the availability of its own software system and does not apply to the availability of the overall framework (such as when the customer shuts down the cloud server that carries the data security audit).

      1.6 Service Unavailability Minutes

      “Service Unavailability Minutes” refers to the total number of minutes of Service Unavailability of various types of data security audit products during the Service Term.

      2. SERVICE AVAILABILITY

      2.1 Calculation of Service Availability

      “Service Availability” = ((Total Minutes within the Service Term - Service Unavailability Minutes) / Total Minutes within the Service Term) × 100%.

      2.2 Service Availability Standard

      The Service Availability of the Services provided by Tencent Cloud shall not be less than 99.9% (the “Service Availability Standard”). If the Service Availability Standard is not met (excluding cases covered by disclaimers), you shall be entitled to compensation in accordance with Article 3 of this Agreement.

      3. COMPENSATION PLAN

      For the Services, if the Service Availability is lower than the Service Availability Standard, you shall be entitled to compensation as per the following terms:

      3.1 Compensation Standard

      (1) Compensation will be provided in the form of vouchers issued by Tencent Cloud, and you must comply with vouchers usage rules (including usage period, etc., subject to the voucher-related rules published on the website of Tencent Cloud). The vouchers issued cannot be exchanged for cash, or be accompanied by invoices. Such vouchers can only be used to purchase the Services through your corresponding Tencent Cloud account, and cannot be used to purchase other services provided by Tencent Cloud. The vouchers cannot be transferred or gifted, etc.
      (2)If the Service Availability Standard in this Agreement is not met in a Service Term, the compensation will be calculated separately according to the corresponding Service Term, and the total amount of compensation shall not exceed the corresponding service fee paid by you for the Services for the respective Service Term (excluding fees offset by vouchers, coupons, service fee deductions, etc.).
      Service Availability (Av) within the Service Term
      Compensation Voucher Amount
      99.9% > Av ≥ 99.0%
      10% of service fee for the Service Term
      99.0% > Av ≥ 98.0%
      20% of service fee for the Service Term
      98.0% > Av
      50% of service fee for the Service Term

      3.2 Time Limit for Claims

      (1) If the Service Availability Standard is not met in a Service Term, you may claim for compensation only through the work order system of your corresponding account after the fifth (5th) business day of the month following the end of the corresponding Service Term in which the Service Availability Standard is not met. Tencent Cloud will conduct verification after you have filed the claim for compensation. In case of a dispute between the parties regarding the calculation of the Service Availability in the Service Term, both parties agree that Tencent Cloud’s backend records shall ultimately prevail.
      (2) The latest deadline for you to file a claim for compensation shall not exceed sixty (60) calendar days after the end of the corresponding Service Term that the Service Availability Standard is not met. If you fail to file a claim for compensation within the aforesaid period, or file a claim after the aforesaid period, or file a claim in a manner other than that agreed in this Agreement, it shall be deemed that you have automatically waived your right to demand compensation and any other claims against Tencent Cloud, and Tencent Cloud reserves the right to decline your claim for compensation and shall not be liable for any compensation or indemnification to you.

      3.3 Materials for Claims

      If you believe that the Service does not meet the Service Availability Standard, you may initiate a claim for compensation within the time limit set forth in this Agreement. Your claim must be accompanied by at least the following information:
      （1）A detailed report describing the incident.
      （2）The detailed date, time, duration of the Service Unavailability and other relevant details about the Service Unavailability.
      （3）The resource node IP, open port, service agreement and other information of the cloud server involved in the data security audit.
      （4）Other information that Tencent Cloud requires you to provide for reasonable causes.

      4. DISCLAIMER

      For Service Unavailability caused by the following reasons, the corresponding Service Unavailability time does not fall within the scope of the calculation of Service Unavailability and Tencent Cloud’s compensation, and Tencent Cloud shall not be responsible for you:
      4.1 Unavailability due to security threats posed by you or your end users to the Services provided by Tencent Cloud or fraud or illegal activities.
      4.2 Unavailability due to equipment, software or technology of you or any third party (not directly controlled by Tencent Cloud).
      4.3 Unavailability due to your failure to configure and use the product in accordance with Tencent Cloud regulations.
      4.4 Unavailability due to your violation of any Tencent Cloud product terms.
      4.5 Unavailability due to your non-payment or arrears or refunds (including data security audit and the cloud server where the Services are located).
      4.6 Unavailability due to serious failure of the network operator.
      4.7 Unavailability due to your non-compliant or illegal use of Tencent Cloud products.
      4.8 Unavailability due to problems with other components in the data security audit product framework system (such as the cloud server being manually shut down, the target server access port being shut down, etc.).
      4.9 Unavailability due to hardware or operating system failure of the terminal using the data security audit product .
      4.10 Unavailability due to maintenance or upgrade of the network, hardware or services (Tencent Cloud will notify you of the maintenance plan in advance based on reasonable business principles).
      4.11 Unavailability due to force majeure.
      4.12 Unavailability due to the number of managed hosts exceeding the specifications of the data security audit product you purchased.
      4.13 Unavailability or failure to meet the Service Availability Standard not attributed to Tencent Cloud.
      4.14 The circumstances described in relevant laws and regulations, related agreements, applicable rules, or relevant rules and instructions separately issued by Tencent Cloud that Tencent Cloud can exempt from any liability or release of compensation liability, etc.

      5. MISCELLANEOUS

      5.1 The parties acknowledge and hereby agree that under no circumstances shall Tencent Cloud’s compensation liability for breach of contract in aggregate exceed the corresponding service fees you have paid for the defaulted Services if you suffer damages due to Tencent Cloud’s breach of contract during your use of the Services. The parties agree to submit any dispute arising from this Agreement to the People's Court of competent jurisdiction of Nanshan District, Shenzhen, where this Agreement is executed, for litigation.
      5.2 Tencent Cloud reserves the right to modify this Agreement when appropriate or necessary according to any changes. You can refer to the relevant contents in the latest version on the website of Tencent Cloud. If you do not agree with Tencent Cloud’s modification to this Agreement, you have the right to stop using the Services. If you continue to use the Services, you shall be deemed to have accepted the modified Agreement.
      5.3 This Agreement, as an ancillary agreement of Tencent Cloud Service Agreement, shall have the same legal effect as Tencent Cloud Service Agreement. You shall comply with the provisions in Tencent Cloud Service Agreement for matters not specified in this Agreement. In the event of a conflict or inconsistency between the terms of this Agreement and Tencent Cloud Service Agreement, this Agreement shall prevail, but only to the extent of such conflict or inconsistency. (End)
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